Falling from a ladder is very common in orchards. Snake bites and tractor related injuries are often workplace realities for farm workers. Generally speaking, one of the very first questions that comes to the mind of a farm worker is, "Am I working in a safe environment or not?” Many farm workers may not be able to answer this question because many hazards at agricultural work places are either not visible or not foreseeable. Examples of such hazards include falls from elevation, misuse of tractors and pruning equipment, improper pesticide storage, heat stress (i.e. heat stroke), and the use of incorrect lifting techniques. Anyone could be injured at work, but young and new workers are often more at risk because they may hesitate to ask questions, have less experience or may misunderstand the right way to handle jobs involving potential perils.
As an employer, it is important to be aware of the laws and regulations for occupational health and safety at work places and the provincial body responsible for health and safety enforcement. Knowledge of one's rights and responsibilities and the governing health and safety law is key to maintaining a safe workplace. The Workers Compensation Act and Occupational Health and Safety Regulation deal with the safety of workers at work and define the legal responsibilities of employers, supervisors and employees. In British Columbia, WorkSafeBC is responsible for enforcement of occupational health and safety measures.
Part 28 of Occupational Health and Safety Regulation specifically deals with the agriculture sector and is where one could find information and guidelines for agriculture activities. For example,
- Transportation of workers (a worker may be transported on farm land, on mobile equipment not designed for work transportation, if the worker is safely seated, and the equipment is operated slower than 10 km/h – S.28.50).
- Orchard ladder instructions (a worker must ensure that the ladder is appropriate for the task, and the worker is instructed in its proper use – S.28.27).
- Drinking water (an employer must ensure an adequate supply of potable drinking water for workers which excludes water in irrigation ditches or other similar sources – S.28.10).
According to WorkSafeBC, every year around 800 farm and ranch workers are injured at work in BC. There are various reasons which put agriculture workers’ health and safety at risk. Reasons may relate to the workplace environment including poorly maintained equipment and unsafe vehicles; or relate to the traits of the employee including language barriers, inadequate or lack of training, orientation, supervision as well as employee inexperience or carelessness.
Every year many foreign workers come to Canada to work in the agriculture sector. While domestic workers may know about their health and safety rights and responsibilities, foreign workers are often not fully aware of these rights and responsibilities. According to a study published by Simon Fraser University in August 2010, a key finding was that many immigrant and migrant workers do not receive sufficient workplace health and safety training. This is a serious concern which can put worker safety at risk, but this risk can be minimized with increased employer and employee health and safety awareness.
Under the Workers Compensation Act, an employer has the primary responsibility to maintain the health and safety of the workplace. If an employer is found guilty for contravening of any of the provisions of the Workers Compensation Act or Occupational Health and Safety Regulation, in the case of a first conviction, they can face a penalty in the form of a fine of not more than $687,358.45 or imprisonment for a term not exceeding six months or both. From a legal perspective, an employer must be duly diligent in ensuring the health and safety of workers and take all reasonable precautions to protect workers.
In an effort to be duly diligent, an employer could do risk assessments of hazards and identify possible hazards, have regular health and safety meetings with workers, make sure that workers are also involved in health and safety measures and keep a record of all safety efforts. If possible, the health and safety information should be provided in the language of foreign workers. Employers should stress to their workers the need to follow health and safety requirements and to immediately report any injury or unsafe working condition to their supervisor or employer.
Employers and employees can also contact The Farm and Ranch Safety and Health Association (FARSHA) to get more information regarding agriculture health and safety as well as review the Agriculture Safety Checklist issued by WorkSafeBC. While this column provides you with general legal information, you should see your lawyer for any legal advice. ■
By Sukh Kaile (Articled Student) and Denese Espeut -Post
Denese Espeut-Post is an Okanagan-based lawyer and owns Avery Law Office. Her primary areas of practice include wine and business law. www.averylawoffice.ca
